Complaint filed on: 24-03-2011
Disposed on: 25-06-2012
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.594/2011
DATED THIS THE 25th JUNE 2012
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
Mr.Mohammd Anwar Iqbal,
S/o. Late T.Mohammed Iqbal
Ahmed; aged about 45 years,
Occp: Business, R/o. No.40,
Sriram Mandir Road,
Basavanagudi, Bangalore-04
V/s
Opposite parties: -
1. Universal Tours and Travels,
@ 26, Flat no.5, Alfred Street,
Behind Baldwin’s Boys High School, Near Johnson Market,
Richmond Town, Bangalore-25
Reptd by its Proprietor
Mr.Tabrez Ahmed
2. Firoz Mir Tabrez Ahmed,
S/o. Late Firoz Ahmed,
R/at No.34-S, No.24,
Sky land Elyses Apartments
Viviani Road, Frazer Town,
Bangalore-05
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the Ops no.1 and 2, under section 12 of the Consumer Protection Act’ 1986, praying to pass an order, directing the Ops no.1 and 2 to refund Rs.2,20,000=00 alongwith interest at 18% per annum, and to pay an amount of Rs.5,00,000=00 towards damages and cost of litigation.
2. The brief facts of the complaint can be stated as under.
The Ops had issued a paper publication/advertisement on 28-5-2010 in Salar Urdu Daily News Papers offering to provide Hajj pilgrimage for a period of 32 days in it’s travels by giving an offer amount of Rs.1,10,000=00 per person for the entire package. The complainant being attracted by the said offer and with an intention of getting the blessings of Allah in a life time thought of going to Hajj under the said scheme along with his wife, and contacted the office of the Ops and their office gave an offer letter and told the complainant to pay the said amount of Rs.2,20,000=00 towards himself and his wife. Accordingly, the complainant got paid the amount of Rs.50,000=00 in cash on 7-6-2010, an amount of Rs.50,000=00 by way of cheque bearing no.332658 of Central Bank of India and an amount of Rs.1,00,000=00 by way of cheque bearing no.345681 of Central Bank of India. At the time of making the said payments, the Ops had taken the passport of complainant and his wife for getting visa being stamped. The complainant handed over the said pass port to the Ops. On receiving the said payments by the Ops, the Ops gave the confirmation letter of Hajj package on 16-7-2010 by providing entire details of scheme of package. Later, Ops have asked the complainant to come on 4-11-2010 to Parag hotel asking the complainant to collect the flight tickets, Visa and passports, so as to get ready to travel to Hajj. Accordingly, on 4-11-2010 the complainant went to the said place, and to his utter surprise, he found that, the Ops had not processed any thing towards the said Hajj travel, so the OPs had deprived the complainant and his wife from going to Hajj and also destroyed their hopes of taking the blessing of Allah, and then on several occasions of insisting with regard to the amount, the Ops have given the cheque bearing no.121251 dated 20-11-2010 of SBM, Richmond road branch, Bangalore to an amount of Rs.2,00,000=00 alongwith acknowledgement for the receipt of the same and they assured that the cheque will be honoured. The complainant in the hope of getting the amount cleared got deposited the said cheque bearing no.121251 on 20-11-2010 through his banker Union Bank of India CCPC branch, Bangalore. But to his utter surprise, he received an endorsement from his banker on 23-11-2010 that the said cheque has been dishonoured for the reasons of insufficient funds. Later the complainant called upon the Ops, several times intimating the fate of the said cheque, but they never got replied to the same nor made the payments under the said cheque, then the complainant sensed the malafide intention on the part of the Ops. The complainant got issued legal notice dated 13-01-2011 to the Ops. The act on the part of the Ops in taking the amount of Rs.2,20,000=00 at the relevant point of time, but never bothered to process the documents for getting the visa stamped on the passports. So, the sole intention on the part of the Ops is to get the money and not to give services of Hajj Pilgrimage and the said act on the part of the Ops, clearly amounts to unfair trade practice, and there is deficiency of service on the part of the Ops. The complainant and his wife have suffered lot of mental agony under the hands of the Ops, so, the present complaint is filed, praying to pass an order, directing the Ops to refund an amount of Rs.2,20,000=00 with interest, compensation and cost of litigation as prayed in the complaint.
3. After filing of the complaint, notices were issued to the OPs and notice was returned with postal shara as “left”, then the counsel for the complainant took steps against the Ops through paper publication by name Salar daily news paper, and produced the paper publication by publishing the notice, and service of notice by paper publication was as taken sufficient. Ops no.1 and 2 were called out, they remained absent, hence they have been placed exparte, and posted the case for the complainant’s affidavit.
4. So as to prove the case, the complainant has filed his affidavit by way of evidence, and produced 5 documents and 4 documents with list dated 24-3-2011 and 13-10-2011.
5. One Mr.Mohammed Anwar Iqbal who being the complainant has stated in his affidavit dated 29-6-2011 that, the Ops had issued a paper advertisement on 28-5-2010 in Salar Urdu Daily News Papers offering to provide Hajj pilgrimage for a period of 32 days in their travels by giving an offer amount of Rs.1,10,000=00 per person for the entire package. He was attracted by the said offer and with an intention of getting the blessings of Allah in a life time thought of going to Hajj under the said scheme along with his wife. So, he contacted the office of the Ops and their office gave an offer letter and told him to pay the said amount of Rs.2,20,000=00 towards himself and his wife, and he got paid the amount of Rs.50,000=00 in cash on 7-6-2010, an amount of Rs.50,000=00 by way of cheque bearing no.332658 of Central Bank of India and an amount of Rs.1,00,000=00 by way of cheque bearing no.345681 of Central Bank of India, the payment of which clearly reflected in the statement of account of the complainant, and at the time of making the said payments, the Ops had taken their passport for getting visa being stamped, after making the said payment, the Ops gave confirmation letter of Hajj package on 16-7-2010, Ops asked him to come on 4-11-2010 to Parag hotel asking him to collect the flight tickets, Visa and passports, so as to get ready to travel to Hajj. He went to the said place, and to his utter surprise, he found that the Ops had not processed any thing towards the said Hajj travel, and they deprived himself and his wife from going to Hajj and also destroyed their hopes of taking the blessing of Allah. The Ops have retained their passport illegally, and then on several occasions of insisting with regard to the amount, the Ops have given the cheque bearing no.121251 dated 20-11-2010 of SBM, Richmond road branch, Bangalore to an amount of Rs.2,00,000=00 and when he presented the said cheque on 20-11-2010 through his banker Union Bank of India, CCPC branch, Bangalore, the said cheque was bounced for the reasons of insufficient funds. Later the complainant called upon the Ops several times intimating the fate of the said cheque, but they never got replied to the same nor made the payments, then he sensed the malafide intention on the part of the Ops. The complainant got issued legal notice dated 13-01-2011 to the Ops. So, the sole intention on the part of the Ops is to get the money and not to give services of Hajj Pilgrimage and the said act on the part of the Ops, clearly amounts to unfair trade practice, and there is deficiency of service on the part of the Ops. The complainant and his wife have suffered lot of mental agony under the hands of the Ops, so, the present complaint is filed, praying to pass an order, directing the Ops to refund an amount of Rs.2,20,000=00 with interest, compensation and cost of litigation as prayed in the complaint.
6. The above said assertions of the complainant have remained uncontroverted. The Ops have neither filed their objection nor denied the sworn testimony of the complainant. So, under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant. Let us have a look at the relevant documents of the complainant. The document no.1 of the complainant’s list dated 24-3-2011 is tour package advertisement given in the Salar Urdu Daily news paper, Bangalore dated 28-5-2010 by Ops no.1 and 2. The document no.2 is the package letter issued by the OP no.1, wherein it is stated that, package duration is for 32 days for a sum of Rs.1,10,000=00 per head. The document no.3 is the copy of announcement letter given by the OPs intimating the pilgrims that Hajj farewell is organized on 4-11-2010 between 11.30 to 6.30 p.m. at Paraag hotel, No.3, Rajbhavan Road, Bangalore and requested to be present at the address. The document no.4 is the copy of payment receipts of Rs.50,000=00, Rs.50,000=00 and Rs.1,00,000=00 on 7-6-2010, 12-5-2010 and 21-5-2010 through cash and cheques. The document no.4 (c) is the copy of letter given by the OPs for having given a cheque of Rs.2,00,000=00 in the name of the complainant stating that the cheque will be honoured. The document no.5 is the copy of legal notice issued to Ops by complainant dated 10-1-2011 calling upon to return the amount paid by the complainant alongwith interest, compensation and cost, as Hajj package was not carried out, and these notices were returned unexecuted as registered post envelops were not served, postal acknowledgement are produced by the complainant for having issued notice to the OPs by RPAD on 13-1-2011.
7. The evidence of the complainant that after payment of Rs.2,00,000=00 to the Ops, the Ops did not process the Hajj tour and they have not returned the amount inspite of issuance of notice is countenanced by documentary evidence namely advertisement given by the Ops, Tour programme report issued by Ops and copy of legal notice. One more affidavit dated 13-6-2012 is submitted by the complainant stating that, he has not filed any case under 138 of NI Act against the Ops for cheque bearing no.121251 dated 20-11-2010 of SBM, Richmond road branch, Bangalore for Rs.2,00,000=00 issued by the Ops. The complainant who comes to the forum has proved the case by placing clear cogent and consistent material evidence. In order to disprove the case of the complainant, no rebuttal evidence is led by the Ops. So, under the circumstance, we have no reasons to discard the case of the complainant. The complainant has proved his case satisfactorily that, the Ops did not venture to carry out the Hajj tour as promised by them in the advertisement and tour programme after receiving Rs.2,00,000=00 from him, and they are negligent in carrying out the tour programme to Hajj, and there is a deficiency of service on the part of the Ops. So, the complainant is entitled to refund of Rs.2,00,000=00 from the Ops with interest. The Ops no.1 and 2 are jointly and severally liable to return the said amount i.e. Rs.2,00,000=00 to the complainant within 30 days from the receipt of the order with 10% interest per annum from the date of respective payment, failing which, the Ops no.1 and 2 are liable to pay the said amount to the complainant with 12% interest per annum from the date of the order to till the date of realization. The Ops no.1 and 2 are further directed to pay Rs.2,500=00 towards cost of litigation and accordingly, we proceed to pass the following order.
ORDER
The complaint of the complainant is partly allowed. The complainant is entitled to refund of Rs.2,00,000=00.
The Ops no.1 and 2 are directed to pay Rs.2,00,000=00 to the complainant with 10% interest per annum from the date of respective payments within 30 days from the date of receipt of the order.
Failing which, the Ops no.1 and 2 are liable to pay the said amount to the complainant with 12% interest per annum from the date of the order to till the date of realization.
The Ops no.1 and 2 are further directed to pay Rs.2,500=00 to the complainant towards cost of litigation.
Supply free copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 25th day of June 2012.
MEMBER MEMBER PRESIDENT
